ROLIA JAMAL RATWA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is directed against the order of conviction of the present appellant under Sec.302 of I.P.C. and the sentence of life imprisonment and fine of Rs.200.00 and in case of default to pay the fine, further rigorous imprisonment for a period of three months, as was ordered on 20th April 1990 by the Addl.Sessions Judge, Baroda, in Sessions Case No.31 of 1989. It may also be mentioned that by this very order, the accused no.2, i.e. Nattarsinh Rolia was acquitted of the charge under Sec.302 read with 34 of I.P.C. and in the alternative Sec.114 of I.P.C. Against the acquittal of Nattarsinh, accused no.2, Criminal Appeal No.353 was filed by the State which was dismissed on 20/06/1990.

(2.) The incident is said to have taken place on 25th April 1989 at 7.00 p.m. On the following day, i.e. 26th April 1989, one Chandubhai Malubhai Ratwa lodged the complaint with the Police Station, Kawant to the effect that, in the village Chikhli (Raichha), Taluka Chhota Udepur, he was living with his mother and brothers, that he was an agriculturist, that they were two brothers, Mangla being the elder. He reported that on the previous day evening at about 7.00 p.m. he and his brother along with his wife Laxmi and Bhabhi Sakariben and his sister Nargiben, his mother Tejliben were at home. At that time, his brother-in-law (sister's husband) Rolia Jamal with bow and arrow in his hand and his nephew (sister's son) Nattarsinh Rolia with Dingo in his hand came to his house. That his brother-in-law, Rolia Jamal was telling his brother Mangla that, about eight days back, Nattarsinh was on Tad and he had not supplied Tadi to him and at that time, he had quarrelled with him and said that why did he shoot an arrow. While saying so, he got enraged and shot an arrow at Mangla which pierced below his right arm as a result of which, Mangla fell down, his nephew Nattarsinh came running and gave a blow of Dingo on the neck (backside) and at that time, he himself, his Bhabhi Sakariben, i.e. wife of Mangla, Subhala Vichhia, Nargi and Tejli intervened and after a short time, his brother died and Rolia and Nattarsinh ran away. He has further reported that this incident had happened because about eight days back, his brother had demanded Tadi from Nattarsinh and when he did not supply Tadi, his brother had shot an arrow at Nattarsinh and for this reason his brother Mangla had been done to death in the previous evening at about 7.00 p.m. by both these persons by arrow and dingo, there is no other reason. Since it was night time, he had come to report the matter on the following day. A copy of the report as was drawn by the Police Sub Inspector of Kawant Police Station on which the left hand thumb impression of Chandu was obtained, is at Exh.16 - page nos.94-95 of the paper book. On the basis of this report, the police registered the case and started investigation. The statements of witnesses were recorded, the corpse of deceased Mangla was sent for post mortem and after the investigation was over, the chargesheet was filed against Rolia Jamal and Nattarsinh Rolia.

(3.) Both the accused were charged by the Addl. Sessions Judge, Baroda, camping at Chhota Udepur in Sessions Case No.31 of 1989 for the offence punishable under Sec.302 and 34 of I.P.C. and in the alternative, for Sec.114 of I.P.C. Both the accused opted for trial. In the result of the sessions trial, the Sessions Court has convicted the present appellant, Rolia Jamal for the offence punishable under Sec.302 of I.P.C. and the other accused Nattarsinh has been acquitted of the offence punishable under Sec.302 read with Sec.34 of I.P.C. and in the alternative, Sec.114 of I.P.C. The present appellant has been sentenced to life imprisonment and fine of Rs.200.00 and in default, to undergo further rigorous imprisonment for three months. Aggrieved from the conviction and sentence as aforesaid, the appellant has preferred the present appeal before this Court.